PEOPLE v. RIVERA

3527/15. 8129. 2445/16. 8128.

168 A.D.3d 520 (2019)

89 N.Y.S.3d 896

2019 NY Slip Op 00356

The People of the State of New York, Respondent, v. Jose Rivera, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 17, 2019.


The court properly denied defendant's suppression motion. The hearing court saw and heard the witnesses, and there is no basis for disturbing its credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), including those relating to police observations of a passenger in the car, rolling what appeared to be a blunt cigarette, which provided the basis for stopping the car occupied by defendant.

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